This fall we posted about the North American Securities Administrators’ (NASAA) adoption of a Statement of Policy Regarding the Use of Franchise Questionnaires and Acknowledgments (the “SOP”). Technically, NASAA’s SOPContinue Reading Update: This New Year’s Eve say Auld Lang Syne to Old Franchise Questionnaires and Acknowledgements
Is a National Program for Franchise Broker Registration Coming and Other Franchise Broker Tips & Takeaways
I had the pleasure this year along with fellow franchise attorneys, Gerry Wells of Rita’s Franchise Company and Allan Hillman of Garcia & Milas, to present at the ABA…Continue Reading Is a National Program for Franchise Broker Registration Coming and Other Franchise Broker Tips & Takeaways
Tips for Enforcing that Mediated Franchise Settlement Agreement
Mediation is very effective in resolving disputes. Franchisors are enthusiastic about mediation, especially pre-suit, because it can eliminate the need to disclose settlements to prospective franchisees otherwise required under the…
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Are COVID Immunity Laws Good for Franchising?
(This post solely reflects the views of the author, and not that of Fox Rothschild or any of its other attorneys.)
While I am not opposed to immunity laws generally,…
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Washington v. Washington: State of No-Poach
The Department of Justice backed off no-poach challenges in franchise agreements in 2019, but the state doubled down. The result? Washington state challenged a raft of no-poach/no-hire provisions in 225…
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FDD Item 19 Financial Performance Representations in the Age of COVID-19
With most non-essential businesses closed across the country, it is easy to forget we are two weeks away from the April 30th Franchise Disclosure Document (FDD) update deadline for franchisors…
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NJFPA Refresher – Community of Interest
As many readers may know, the FTC Rule on Franchising’s definition of franchise contains three basic definitional elements: (1) license of a trademark, (2) payment of a fee, and (3)…
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How Do You Determine Your Franchise System’s Technology Fee?
In my recent experience, most franchise start-ups and emerging systems typically charge a technology fee or, at a minimum, reserve the right to charge a technology fee in the future. …
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No-Poach and Antitrust, Part Deux (Or, is the risk worth it?)
In a recent post, I expressed the view that no-poach clauses in franchise agreements are unlikely to violate the antitrust laws. Recent activity, however, has given me a “maybe…
Continue Reading No-Poach and Antitrust, Part Deux (Or, is the risk worth it?)
Online Reviews – Best Practices for Dealing with Yelp from Yelp!
The Pennsylvania Restaurant and Lodging Association provides many benefits to its hospitality industry members. One of those benefits is access to its interesting and useful webinar series. This month’s webinar…
Continue Reading Online Reviews – Best Practices for Dealing with Yelp from Yelp!